Liability of Asset Managers

Hardcover | April 15, 2012

EditorDanny Busch, Deborah DeMott

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Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leadingjurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question.This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in thesecountries highlighting the absence of uniformity in this area of law despite the implementation of MiFID in Europe.The section on European law provides an overview of the regulation in this field regionally and provides the context in which the national chapters explore the regulation at country level. The comparative evaluation at the end of the book provides a thoughtful assessment of the impact of regulatoryframeworks on asset managers private law duties and liabilities. The Introduction situates the country-by-country material within the broader context of questions about regulatory design and effectiveness.

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Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leadingjurisdictions allowing lawyers to identify the main pitf...

Danny Busch is Professor of Financial Law at Radboud University Nijmegen. His research interests include banking and securities law, tort law, contract law, agency law and comparative law. Deborah DeMott is Professor of Law at Duke University School of Law. She has written on corporate law, takeovers and acquisitions, and fiduciary ob...

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Format:HardcoverDimensions:600 pagesPublished:April 15, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199608733

ISBN - 13:9780199608737

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Table of Contents

I: Introduction1. Busch and DeMott: IntroductionII: EU LAW2. Grundmann-van de Krol: The Markets in Financial Instruments Directive and Asset ManagementIII: Civil Law Legal Systems3. Couret, Goutay and Zabala: France4. Casper and Altgen: Germany5. Giudici and Bet: Italy6. Riassetto and Richard: Luxembourg7. Busch and Silverentand: The Netherlands8. Kawecki: Poland9. Ruiz Bachs and Diaz Ruiz: Spain10. Thevenoz and Bretton-Chevalier: SwitzerlandIV: Common Law Legal Systems11. Bates and Clarke: Ireland12. Van Setten and Plews: England and Wales13. DeMott and Laby: United StatesV: Mixed Legal Systems14. Cabrelli: Scotland15. Hughes and Jordan: CanadaVI: Conclusions16. Busch and DeMott: Comparative Analysis of the Jurisdictions